111
recognized places of detention; 352 and exercising effective judicial control over
detentions. 353 Furthermore, States have the duty to open motu propio a serious, impartial,
diligent investigation, within a reasonable time, of the disappearance of anyone under their
custody. 354
E.
Suicides
313.
Suicide is an ever‐present reality in correctional facilities. In this regard,
the mere act of confining someone in a closed environment from which they are unable to
leave at their own will, with all of the consequences that entails, can have a strong impact
on their mental and emotional balance. In addition, there are the inherent imbalances and
risk factors found in certain inmates. The World Health Organization regards persons
deprived of liberty as a group at a high risk for suicide; that is, they are a population of
special concern as their recorded suicide rate is higher than average. 355
314.
There are many factors, both individual and environmental, which may
influence the decision of a person deprived of liberty to take their life: the stress caused by
the impact of incarceration; the tension of prison life; violence among inmates; possible
abuse by the authorities; drug or alcohol addiction; repeated physical or sexual assault by
other prisoners with inaction on the part of the authorities; disruption of social relations, or
a family conflict or break up; feelings of isolation, despair, and abandonment; impotence
and distrust of the judicial system due to reiterated and unjustified procedural delays,
leading to a profound feeling of defenselessness in the inmate; the prospect of a long
sentence; the lack of privacy; awareness of the crime committed; and the potential impact
on a person of public exposure as a criminal. Furthermore, particularly trying or degrading
conditions of detention, such as intolerable overcrowding or solitary confinement with
significantly long periods of confinement, are also stressors that may lead to suicide.
352
See, Inter‐American Convention on Forced Disappearance of Persons, Article XI; International
Convention for the Protection of all Persons from Forced Disappearance, Article 17(1) and (2); and the United
Nations Declaration on the Protection of all Persons from Enforced Disappearance, Article 10(1).
353
See American Convention, Article 7 (5) and (6); International Covenant on Civil and Political Rights,
Article 9 (3) and (4); American Declaration of the Rights and Duties of Man, Article XXV; and European Convention
on Human Rights, Article 5 (3) and (4).
354
See, American Convention (Articles 8 and 25); International Convention for the Protection of all
Persons from Forced Disappearance (Articles 3 and 6), United Nations Declaration on the Protection of all Persons
from Enforced Disappearance (Article 3), and the Body of Principles for the Protection of All Persons under Any
Form of Detention or Imprisonment (Principle 34).
355
World Health Organization (WHO), Preventing Suicide in Jails and Prisons, (update 2007), p. 2,
available at: http://www.who.int/mental_health/prevention/suicide/resource_jails_prisons.pdf. See also, Ruíz,
José Ignacio; Gómez, Ingrid; Landazabal, Mary Luz; Morales, Sully; Sánchez, Vanessa; and Páez, Darío, Riesgo de
Suicidio en Prisión y Factores Asociados: Un Estudio Exploratorio en Cinco Centros Penales de Bogotá [Suicide Risk
in Prison and Associated Factors: An Exploratory Study in Five Penal Centers in Bogotá], in Revista Colombiana de
Psicología, 2002, No. 11, 99‐104. And, McArthur, Morag; Camilleri, Peter, & Webb, Honey, Strategies for
Managing Suicide & Self‐harm in Prisons, in Trends and Issues in Crime and Criminal Justice series, Australian
Institute of Criminology, 1999, No. 125, available at: http://www.aic.gov.au/documents/2/9/4/%7B2945C409‐
3CE4‐49C8‐9F58‐D8183A77CBD7%7Dti125.pdf.
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